[HISTORY: Adopted by the Common Council of
the City of New Berlin as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 80.
Erosion control — See Ch. 110.
Fire prevention — See Ch. 124.
Hazardous waste — See Ch. 133.
Health and sanitation — See Ch. 137.
Historic preservation — See Ch. 141.
Nuisances — See Ch. 175.
Solid waste — See Ch. 220.
Stormwater runoff — See Ch.
226.
Abandoned and junked vehicles — See Ch. 258.
[Adopted 10-10-2000 by Ord. No. 2124 as Sec. 14.25 of the
Municipal Code]
This chapter is to promote the health, safety,
convenience, comfort, morals, prosperity and general interest and
welfare of the citizens of New Berlin, Wisconsin, by establishing
minimum standards and requirements for the maintenance of the exterior
of nonresidential buildings and the premises they occupy. Provisions
of this chapter shall apply to every building and its premises used
for nonresidential occupancy. This chapter establishes minimum standards
for the maintenance of the exterior of buildings and the grounds surrounding
such buildings. This chapter does not replace or modify standards
otherwise established by law for construction, replacement or repair
of buildings and their grounds, but is cumulative of such standards
and shall apply in addition to them.
For the purpose of this chapter, the following
terms shall have the meanings assigned by this section:
- ACCESSORY BUILDING OR STRUCTURE
- A detached structure subordinate to the principal use of a structure, land or water and located on the same lot or parcel serving a purpose customarily incidental to the principal use or the principal structure.
- APPROVED
- Approved by the Board of Public Works and defined in rules and regulations.
- AUTOMOBILE ESTABLISHMENT
- Any business dealing exclusively with the servicing, maintenance, repair, storage, wrecking or salvaging of motor vehicles or any part thereof.
- DETERIORATION
- The condition of a building or part thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive wear.
- EXTERMINATION
- The control and elimination of insects, rodents or other pests by any legal method.
- GARBAGE
- The animal and vegetable waste resulting from the handling, preparation, cooking, serving and nonconsumption of food.
- NONRESIDENTIAL PROPERTY
- Any land or structure, whether public or private, that is adapted, used or occupied for purposes other than residential use.
- OPERATOR
- Any person who owns or has charge, care, control or management of a nonresidential property, or part thereof, and shall include a lessee.
- OWNER
- Any person who, alone or jointly or severally with others:
- PERSON
- Any individual, firm, corporation, association, partnership, cooperative or governmental agency.
- PREMISES
- A lot, plot or parcel of land, including all buildings or structures thereon.
- REFUSE
- Unwanted or discarded waste materials in any state consisting of garbage, rubbish or a combination thereof.
- RESIDENTIAL PROPERTY
- Any property used permanently or temporarily for human habitation.
- RUBBISH
- Solid wastes consisting of combustible or noncombustible waste materials from apartments, commercial, industrial or institutional establishments, including wastes and items commonly referred to as "trash."
- WEATHERING
- Deterioration, decay or damage caused by exposure to the elements.
[1]
Editor's Note: Former Sec. 14.25(2)(e), which
immediately followed this definition and defined the word "department,"
was repealed 6-19-2001 by Ord. No. 2142.
No person shall use, occupy, operate, maintain,
rent or let to another for occupancy any nonresidential property or
premises which fails to comply with the requirements of this chapter
or to cause or permit the same to be done. This chapter shall not
apply to residential property.
The Board of Public Works is authorized to make
and promulgate reasonable and necessary rules and regulations to carry
out this chapter. All such rules and regulations shall be filed in
the office of the City Clerk.
All exterior property areas shall be maintained
in a clean and sanitary condition and free from any accumulation of
rubbish, trash, garbage or other noxious or offensive materials. Any
storage, collection and disposal of refuse shall be in accordance
with this and all other regulations.
Buildings and exterior property areas shall
be kept free from insect and rodent infestation. Where insects or
rodents are found, they shall be promptly exterminated by legal processes
which will not be injurious to human health. After extermination,
proper precautions shall be taken to prevent reinfestation.
[Amended 3-8-2005 by Ord. No. 2256]
A.
All premises shall be graded and maintained so as
to prevent the accumulation of stagnant water thereon, or within a
building or structure located thereon, or against any structure so
as to potentially cause damage to such structures.
B.
The disbursal of concentrated drainage onto adjacent
properties is prohibited.
(1)
No person shall permit the discharge of concentrated
drainage from a downspout and/or sump pump to be directed upon the
land of an adjacent property owner.
(2)
Any drainage systems which have the effect of redirecting
drainage through piping or other means shall comply with the following
requirements:
(a)
The discharge of any such piping shall be not
less than 10 feet from the lot line or where the structure from which
the discharge is occurring is less than 10 feet to the lot line, then,
in that event, one-half the distance between said structure and the
lot line.
(b)
The discharge must be adequately diffused before
reaching the lot line.
(c)
The flow of discharge from the downspout and/or
sump pump must be consistent with the approved grading plan for the
property.
Accessory structures, except those used solely
for agricultural purposes, shall be structurally sound, and be maintained
in good repair, or such structures shall be removed from the premises.
The exterior of such structures shall be made weather resistant.
Every foundation, exterior wall, roof and all
other exterior surfaces shall be maintained and all exterior surface
material must be protected against weathering and must be kept in
repair. The foundation elements shall adequately support the building
at all points.
A.
Exterior walls. Every exterior wall shall be free
of holes, breaks, loose or rotting boards or timbers, and any other
conditions which might admit rain or dampness to the interior portions
of the walls or to the occupied spaces of the building. All exterior
walls or surfaces shall be painted or otherwise covered so as to prevent
deterioration, decay or blight. All such walls or surfaces shall be
kept in good repair so as to protect and be protected from the environment,
preserve the aesthetic character of neighborhoods and prevent undue
depreciation of property values.
B.
Roofs. The roof shall be structurally sound, tight,
shall not admit rain, and drainage shall be sufficient to carry water
away from the roof. All downspouts and gutters shall be kept in good
repair.
Every window, exterior door and basement entry
shall be tight and maintained in sound condition, good repair and
prevent the entrance of rodents, rain and water into the structure.
A.
Windows. Every window shall be in good condition,
and fit tightly within its frame so as to exclude wind and rain as
completely as possible from entering the structure. All windows shall
be fully supplied with glass windowpanes or an approved substitute
without open cracks or holes. Every other opening located within four
feet of the ground level shall be constructed and maintained to avoid
the possible entry of insects and rodents.
B.
Doors. Every exterior door shall be maintained in
good condition and when closed shall fit well within its frame so
as to exclude wind and rain as completely as possible from entering
the dwelling or structure. Every door hinge and door latch shall be
maintained in good condition.
All storefronts shall be kept in good repair,
protected from weathering and shall not constitute a safety hazard
or nuisance. If repairs to a storefront become necessary, such repairs
shall be made with the same or similar materials used in the construction
of the storefront in such a manner as to permanently repair the damaged
area or areas. Any cornice visible above a storefront shall be protected
from weathering and kept in good repair.[1]
[Adopted 4-10-2012 by Ord. No. 2482]
While maintaining New Berlin's rural identity and unique
character, this article is intended to promote the health, safety,
convenience, comfort, morals, prosperity and general interest and
welfare of the citizens of New Berlin, Wisconsin, by establishing
minimum standards and requirements for the maintenance of residential
structures and the premises they occupy.
Provisions of this article shall apply to every structure and
its premises used for residential occupancy. This article establishes
minimum requirements and standards for the maintenance of the premises,
structures, protection from elements and safe and sanitary maintenance.
This chapter does not replace or modify standards otherwise established
by law for construction, replacement or repair of buildings and their
grounds but is cumulative of such standards and shall apply in addition
to them. The Department of Community Development shall have the discretion
with regard to compliance with the following regulations based upon
issues such as, but not limited to, time of year, drainage patterns,
topography, weather and other unforeseen circumstances.
The provisions in this code shall not be construed to abolish
or impair existing remedies of the jurisdiction or its officers or
agencies relating to the removal or demolition of any structure which
is dangerous, unsafe and unsanitary.
For the purpose of this article, the following terms shall have
the meanings assigned by this section:
- ACCESSORY BUILDING OR STRUCTURE
- A detached structure subordinate to the principal use of a structure, land or water and located on the same lot or parcel serving a purpose customarily incidental to the principal use or the principal structure.
- CITY
- The City of New Berlin.
- DETERIORATION
- The condition of a building or part thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive wear.
- EXTERMINATION
- The control and elimination of insects, rodents or other pests by any legal method.
- GARBAGE
- The animal and vegetable waste resulting from the handling, preparation, cooking, serving and nonconsumption of food, as well as refuse, rubbish and other discarded articles.
- NONRESIDENTIAL PROPERTY
- Any land or structure, whether public or private, that is adapted, used or occupied for purposes other than residential use.
- OWNER
- Any person who, alone or jointly or severally with others:
- PERSON
- Any individual, firm, corporation, association, partnership, cooperative or governmental agency.
- PREMISES
- A lot, plot or parcel of land, including all buildings or structures thereon.
- REFUSE
- Unwanted or discarded waste materials in any state consisting of garbage, rubbish or a combination thereof.
- RESIDENTIAL PROPERTY
- Any property used permanently or temporarily for human habitation.
- RUBBISH
- Solid wastes consisting of combustible or noncombustible waste materials from apartments, commercial, industrial or institutional establishments, including wastes and items commonly referred to as "trash."
- VACANT LAND
- Any lands that are not actively used for any purpose.
- VACANT STRUCTURE
- Any buildings or structure that is not occupied, used or inhabited on a regular and continuing basis by some person with a valid claim of right to possession or a free simple title. Building that is not actively used for any purpose.
The owner or occupant of the premises or his/her agent shall
maintain the structures and exterior property in compliance with these
requirements. A person shall not occupy as owner-occupant or permit
another person to occupy premises which do not comply with the requirements
of this article. Occupants of a dwelling unit are responsible for
keeping in a clean, sanitary and safe condition that part of the exterior
of a dwelling unit or premises which they occupy and control.
A.
Exterior. The exterior of a structure shall be maintained in good
repair, structurally sound and sanitary so as not to pose a threat
to the public health, safety or welfare.
B.
Structures. Structures shall be free from holes, breaks, loose or
rotting materials and maintained waterproof and properly surface coated
where required to prevent deterioration.
All exterior property areas shall be maintained in a clean, safe and sanitary condition and free from any accumulation of rubbish, trash, garbage or other noxious or offensive materials. Any storage, collection and disposal of refuse shall be in accordance with this and all other regulations. See Chapter 175, Nuisances, § 175-3, of this Code.
Buildings and exterior property area shall be kept free from
insect and rodent infestation. Where insects or rodents are found,
they shall be promptly exterminated or trapped and removed by legal
processes which will not be injurious to human health. After extermination,
proper precautions shall be taken to prevent reinfestation.
A.
Residential zoning districts. No person shall permit grasses and other general ground cover to grow to an average height of more than eight inches on any lands that the person owns, occupies or controls in the City. See Code § 137-6 for noxious weed regulations and Chapter 175, Nuisances, § 175-3, of this Code.
B.
Exemptions: agricultural zoning districts regularly used to raise
crops or livestock, R-1/R-2 Zoning Districts with five or more acres,
or natural areas, rain gardens, bioswales or other stormwater best
management practices designed and maintained as such.
A.
Vacant structures. All vacant structures and premises thereof shall
be maintained in a clean, safe, secure and sanitary condition as provided
herein so as not to cause a blighting problem or adversely affect
the public health and safety.
